A BILL to amend and reenact §18A-4-14 of the Code of West Virginia,
1931, as amended, relating to daily planning period for
certain employees.

Be it enacted by the Legislature of West Virginia:

That §18A-4-14 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:

ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

§18A-4-14. Duty-free lunch and daily planning period for certain
employees.

(1) Notwithstanding the provisions of section seven, article
two of this chapter, every teacher who is employed for a period of
time more than one-half the class periods of the regular school day
and every service personnel whose employment is for a period of
more than three and one-half hours per day and whose pay is at
least the amount indicated in the "state minimum pay scale" as set
forth in section eight-a of this article shall be provided a daily
lunch recess of not less than thirty consecutive minutes, and such
employee shall not be assigned any responsibilities during this
recess. SuchThe recess shall be included in the number of hours
worked, and no county shall increase the number of hours to be
worked by an employee as a result of suchthe employee being
granted a recess under the provisions of this section.

(2) Every teacher who is regularly employed for a period of
time more than one-half the class periods of the regular school day
shall be provided at least one planning period within each school
instructional day to be used to complete necessary preparations for
the instruction of pupils. SuchThe planning period shall be the
length of the usual class period in the school to which suchthe
teacher is assigned, and shall be not less than thirty minutes. No
teacher shall be assigned any responsibilities during this period.
No teacher is required to instruct or monitor students, complete
book studies, conduct student testing or participate in
professional development and training activities during this
period. No teacher is required to attend assemblies or school
fundraisers during this period. No teacher is required to conduct
or participate in any meetings or other activities without the
consent of the teacher and no county shallmay increase the number
of hours to be worked by a teacher as a result of suchthe teacher
being granted a planning period subsequent to the adoption of this
section (March 13, 1982).

Principals, and assistant principals, where applicable, shall
cooperate in carrying out the provisions of this subsection,
including, but not limited to, assuming control of the class period
or supervision of students during the time the teacher is engaged
in the planning period. Substitute teachers may also be utilized
to assist with classroom responsibilities under this subsection:
Provided, That any substitute teacher who is employed to teach a
minimum of two consecutive days in the same position shall be
granted a planning period pursuant to this section.

(3) Nothing in this section shall be construed to prevent any
teacher from exchanging his or her lunch recess or a planning
period or any service personnel from exchanging his or her lunch
recess for any compensation or benefit mutually agreed upon by the
employee and the county superintendent of schools or his or her
agent: Provided, That a teacher and the superintendent or his or
her agent may not agree to terms which are different from those
available to any other teacher granted rights under this section
within the individual school or to terms which in any way
discriminate among such teachers within the individual school, and
that service personnel granted rights under this section and the
superintendent or his or her agent may not agree to terms which are
different from those available to any other service personnel
within the same classification category granted rights under this
section within the individual school or to terms which in any way
discriminate among such service personnel within the same
classification category within the individual school.

NOTE: The purpose of this bill is to redefine planning periods
for teachers.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.